public safety exemption: why the bombing suspect wasn't read miranda rights immed.

Discussion in 'The Bar' started by Harry Gibbs, Apr 20, 2013.

  1. Harry Gibbs

    Harry Gibbs the boss of all men

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    the bombing suspect wasn't read his miranda rights immediately because the justice dept/obama/cops invoked the public safety exemption. this is why:
    ____________________________
    The law offers some flexibility, with what’s known as the “public safety” exception to the Miranda rule.

    It stems from a 1984 U.S. Supreme Court case involving a Queens man charged with criminal gun possession. A witness told police the man raped her and had a gun. When they found him at an A&P supermarket, he had an empty shoulder holster. An officer, after handcuffing him, asked him where the gun was. The man gestured toward a stack of liquid-soap cartons, where police found a loaded revolver.


    Lower courts tossed the evidence because the man was wasn’t read his rights before handcuffed and questioned. The Supreme Court disagreed, articulating a ‘public safety’ exception.

    The FBI considers the exception to be a “powerful tool with a modern application for law enforcement,” wrote Carl Benoit, a legal instructor at the FBI Academy in a law enforcement bulletin. He wrote:

    When police officers are confronted by a concern for public safety, Miranda warnings need not be provided prior to asking questions directed at neutralizing an imminent threat, and voluntary statements made in response to such narrowly tailored questions can be admitted at trial.

    The circumstances with Mr. Tsarnaev are obviously very different. But Mr. Wittes said the Quarles case offers some flexibility, particularly since the suspect could be carrying a bomb.


    Says Mr. Wittes: “You do have under ‘Quarles’ some period of time at least to make sure there aren’t other accomplices running around, and to make sure that if there is a foreign connection, that this isn’t part of some unfolding plot of attacks.”
    _____________________



    another win for obama! :cheer:
     
  2. Gomez

    Gomez Well-Known Member

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    prolly cuz they didn't know chechyanese :dontknow:
     
  3. Harry Gibbs

    Harry Gibbs the boss of all men

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    lools he spoke american real good, just like a real american.
     
  4. GHP

    GHP New Member Banned User

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    Obama couldn't even stop the bombing he was prolly on a golf course somewhere :rolleye:
     
  5. beatlejaws

    beatlejaws nowhere poster

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    obama was too busy sending Beyonce and Jayz to cuba
     
  6. Harry Gibbs

    Harry Gibbs the boss of all men

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    i think he was on vacation for a month at his compound in crawford, texas.
     
  7. GHP

    GHP New Member Banned User

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    He was very disappointed that he couldn't change the Constitution
     
  8. GHP

    GHP New Member Banned User

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    Or getting impeached for lying to a grand jury
     
  9. Harry Gibbs

    Harry Gibbs the boss of all men

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    or ignoring memos saying the attack was going to happen.
     
  10. Harry Gibbs

    Harry Gibbs the boss of all men

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    or because he doesnt want americans to be killed. tomato/tomahto.
     
  11. GHP

    GHP New Member Banned User

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    Or attacking Afghanistan and removing the Al Qaeda-backed Taliban from power
     
  12. GHP

    GHP New Member Banned User

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    How did that work out for him
     
  13. Harry Gibbs

    Harry Gibbs the boss of all men

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    or reading to children for 20 mins after he was informed of the attack.
     
  14. Harry Gibbs

    Harry Gibbs the boss of all men

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    it'll work out fine in the end.
     
  15. Lemmy

    Lemmy Douchebag Extraordinaire Gold

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    It appears to be a slam dunk case regardless of any info gained by asking the turd any questions.
     
  16. GHP

    GHP New Member Banned User

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    Obama didn't respond to the bombings for hours

    Hours :bigcry:
     
  17. RH Goatcabin

    RH Goatcabin Notable Member VIP

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    Mean Spirited Republican vs Soft Pleasing Democrat.:jj:
     
  18. GHP

    GHP New Member Banned User

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    Do you think Obama will be able to infringe on the rights of the people, Dink? Do ya, huh do ya?

    We can only hope :eek:
     
  19. Shivvy

    Shivvy 100k Post Club

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    Let the people of Boston stone him
     
  20. RH Goatcabin

    RH Goatcabin Notable Member VIP

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    Stone him- Stoneham...get it:c